Terms & Conditions: Table of Contents
Sale and Purchase of Goods
Wildflower Laser Cutting & Engraving (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description described in this website and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
Purchase Price
The Buyer agrees to pay the Purchase Price of the Goods as per Wildflower Laser Cutting’s quotes. No deviations from this price list will be allowed unless agreed to beforehand in writing by Wildflower Laser Cutting.
Delivery
Unless otherwise agreed in writing, delivery shall be made in accordance with Wildflower Laser Cutting shipping policy in effect on the date of shipment. Delivery dates provided by Wildflower Laser Cutting are estimates only. Wildflower Laser Cutting will make reasonable efforts to deliver in accordance with such dates; however, Wildflower Laser Cutting will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Wildflower Laser Cutting. Goods shall be packaged according to Wildflower Laser Cutting’s standards and practices.
By making payment on deliveries quoted, you thereby accept the expected delivery times as provided and the costs thereof. You also then understand that no shipment sent via our couriers are insured and should anything, apart from being damaged in transit by the negligence of the shipping company, happen during the shipping process, Wildflower Laser Cutting cannot be held liable for returns and/or replacements.
In the case that you used your own preferred shipping company, you will need to arrange with them yourself. We will not be liable for any damages occurred during shipping.
Cancellation of Confirmed Orders
Wildflower Laser Cutting reserves the right to charge a handling fee of 30% of the full invoice amount in the case that orders have been confirmed and cancelled within 2 days of receipt of payment or written confirmation should it already have been packed for dispatch or have been cut or assembled partly or in full. If the items cancelled are not stock items, and have already been shipped to the warehouse from the various suppliers, the client will not be refunded for these items and should arrange for collection thereof immediately. All refunds are done via Bank Transfers (EFT) and shall be made within 2 days of the cancellation and receipt of customer bank details.
Disclaimer of Guarantee/Limitation of Liability
Wildflower Laser Cutting undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which the Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Wildflower Laser Cutting disclaims all other warranties and conditions, express or implied.
Wildflower Laser Cutting (including its subsidiaries, affiliates, officers, directors, employees, agents or subcontractors, all of which are referred to herein collectively as the “seller affiliates”) shall not be liable under any circumstance to the Buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the goods or otherwise, including but not limited to damages for lost profits, loss of the goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, the buyer’s time, lost data, injury to property or any damages or sums paid by the buyer to third parties, even if Wildflower Laser Cutting or any of the seller affiliates has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
In no event shall Wildflower Laser Cutting or any seller affiliate be liable to the buyer or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions in excess of the net purchase price of the goods actually delivered to and paid for by the buyer hereunder.
Wildflower Laser Cutting disclaims any warranties of non-infringement with respect to the goods and none of Wildflower Laser Cutting or any seller affiliate shall have any duty to defend, indemnify, or hold harmless buyer from and against any or all damages or costs incurred by buyer arising from the infringement of patents or trademarks or violation of copyrights by any of the goods.
Force Majeure
Wildflower Laser Cutting shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to national, provincial or municipal action, statute, ordinance or regulation, strike or other labour trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labour, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Wildflower Laser Cutting, which causes delays or hinders the manufacture or delivery of Goods. Wildflower Laser Cutting Ltd shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
General
The Buyer may not assign this Agreement without Wildflower Laser Cutting’s written consent. Wildflower Laser Cutting is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Wildflower Laser Cutting. Any additional or altered terms attached to any order submitted by the Buyer shall be null and void, unless expressly agreed to in writing by Wildflower Laser Cutting. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the Republic of South Africa, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; the Buyer submits to the exclusive jurisdiction and venue of the courts of the Republic of South Africa and hereby waives any objection to such jurisdiction and venue.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Phone: (084) 286 0940 | Email: jade@wildflowerlaser.co.za